Bill 184 2011

An Act respecting student associations at post-secondary educational institutions in Ontario

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purposes

   1.  The purposes of this Act are,

  (a)  to recognize the autonomy of student associations at post-secondary educational institutions;

  (b)  to provide for the good governance of student associations;

   (c)  to require accountability of student associations to their members;

  (d)  to promote collaboration and agreement between student associations and post-secondary educational institutions; and

  (e)  to ensure the collection and remittance by post-secondary educational institutions of fees levied by student associations.

Definitions

   2.  In this Act,

"council" means, in respect of a student association, a council, board of directors or similar body elected by and from the members of the student association; ("conseil")

"fees" means fees levied by a student association on its members on an annual or other regular basis; ("droits")

"post-secondary educational institution" means a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, a university that receives regular and ongoing operating funding from the province for purposes of post-secondary education and any other institution prescribed by the regulations; ("établissement d'enseignement postsecondaire")

"student association" means a student organization, other than a provincial or national student organization, whose purpose is to represent the interests of students at a post-secondary educational institution and that is,

  (a)  a corporation without share capital that is subject to the Corporations Act, or

  (b)  prescribed by the regulations. ("association étudiante")

Governance of student associations

   3.  (1)  The business and affairs of a student association must be managed by a council in accordance with by-laws approved by the members of the student association, the provisions of this Act and any other legislation to which the student association is subject.

By-laws

   (2)  Subject to any other legislation to which it is subject, a student association may include in its by-laws, but is not limited to including, provisions governing,

  (a)  requirements for membership in the student association;

  (b)  the required qualifications of a member for election to the council or to be appointed an officer of the student association, and the time and manner of conducting elections;

   (c)  the number of required council members and officers and the duties of the officers;

  (d)  the calling of meetings of the council and of the members of the student association and the quorum and conduct of business at meetings;

  (e)  the acquisition, management and disposition of property by the student association;

    (f)  the appointment of an auditor and the preparation and auditing of the student association's financial statements; and

  (g)  the establishment, maintenance and use of membership lists in accordance with applicable legislation governing the collection, use and disclosure of personal information.

Levying of fees and administration of funds

   4.  A student association may levy fees on its members in accordance with its by-laws and may administer all money and property that it receives and holds, whether derived from fees, donations, business ventures or otherwise.

Collection and remittance of fees

   5.  (1)  If a student association at a post-secondary educational institution has entered into an agreement with the post-secondary educational institution under which the post-secondary educational institution agrees to collect and remit to the student association the fees levied by the student association on its members, the post-secondary educational institution shall collect and remit the fees in accordance with that agreement.

If no agreement between student association and post-secondary educational institution

   (2)  If a student association at a post-secondary educational institution and the post-secondary educational institution have not entered into an agreement described in subsection (1), the following rules apply:

    1.  The post-secondary educational institution shall collect the fees from the members and remit the amounts collected to the student association not more than 60 days after the last day for registration of students in each registration period at the post-secondary educational institution.

    2.  The post-secondary educational institution may cease collecting or remitting the fees to the student association if, in the case of a student association that is subject to the Corporations Act, the student association fails to comply with that Act.

Regulations

   6.  The Lieutenant Governor in Council may make regulations prescribing anything referred to in this Act as prescribed by the regulations.

Transitional, Not-for-Profit Corporations Act, 2010

   7.  (1)  Clause (a) of the definition of "student association" in section 2 of this Act is amended by striking out "Corporations Act" and substituting "Not-for-Profit Corporations Act, 2010".

   (2)  Paragraph 2 of subsection 5 (2) of this Act is amended by striking out "Corporations Act" and substituting "Not-for-Profit Corporations Act, 2010".

Commencement

   8.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  Section 7 comes into force on the later of the day subsection 211 (1) of the Not-for-Profit Corporations Act, 2010 comes into force and the day this Act receives Royal Assent.

Short title

   9.  The short title of this Act is the College and University Student Associations Act, 2011.

 

EXPLANATORY NOTE

The College and University Student Associations Act, 2011 is enacted to recognize the autonomy of student associations at post-secondary educational institutions, to provide for the good governance of student associations, to require accountability of student associations to their members, to promote collaboration and agreement between student associations and post-secondary educational institutions and to ensure the collection and remittance by post-secondary educational institutions of fees levied by student associations.